A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment became final and conclusive.

2. Ex officio determination on February 12, 2015, the defendant was sentenced to a three-year imprisonment with prison labor for a term of fraud at the Ulsan District Court (2014No3116, etc.) and confirmed on February 24, 2015. The above judgment becomes final and conclusive on February 24, 2015. The above crime and the above crime of fraud, for which the judgment of the court below against the defendant became final and conclusive, are in a concurrent crime under the latter part of Article 37 of the Criminal Act, and is in a concurrent crime under the latter part of Article 39(1) of the Criminal Act, and is in a concurrent relationship under the latter part of Article 39(1) of the Criminal Act, and thus,

Therefore, without examining the grounds for appeal, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

Criminal facts

The facts constituting a crime acknowledged by this court are all identical to the facts constituting a crime in the judgment of the court below, except for the addition of "the defendant was sentenced to three years of suspended execution, etc. (the judgment 2014Da3116, etc.) for one year of imprisonment with prison labor at the Ulsan District Court on February 12, 2015, and the above judgment became final and conclusive on February 24, 2015", and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The gist of the evidence recognized by this court is the same as that of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and each special larceny of the choice of punishment: Points of special robbery under Article 331 (2) and (1) of the Criminal Act: Articles 334 (2) and (1), and 333 of the Criminal Act;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between each crime at the time of sale and fraud for which judgment has become final and conclusive);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act with the largest special robbery;